The purpose of this bylaw is to maintain the quality of the surface
water, the quality and level of the groundwater table and water recharge
areas for existing or potential water supplies; to protect the public
health and safety; to protect persons and property against the hazards
of floodwater inundation; and to provide for the reasonable protection
and conservation of certain irreplaceable natural features, resources
and amenities for the benefit and welfare of the present and future
inhabitants of the Town of South Hadley.

Accordingly, this bylaw protects the wetlands, water resources, and
adjoining land areas in the Town of South Hadley by providing prior
review and control of activities deemed by the Conservation Commission
(hereinafter the "Commission") to have significant or cumulative detrimental
effect upon the following resource area values. These values (collectively,
the "resource area values protected by this bylaw") include, but are
not limited to:

This bylaw is intended to utilize the Home Rule authority of this
municipality to protect additional resource areas, with additional
standards and procedures to augment those of the Wetlands Protection
Act (MGL c. 131, § 40) and regulations thereunder (310 CMR
10.00).

In accordance with the above purpose, no person shall commence to
remove, fill, dredge, build upon, degrade, pollute, discharge into,
or otherwise alter the following resource areas: any freshwater wetlands
(including marshes, wet meadows, bogs and swamps); vernal pools; banks;
the water column of and the land under lakes, ponds, reservoirs, creeks,
rivers, and streams; lands within 100 feet of any of the aforesaid
resource areas (the "buffer zone"); isolated and bordering lands subject
to flooding or inundation by groundwater or surface water; and the
two-hundred-foot riverfront areas, without a permit from the Commission,
or as provided in this bylaw. Said resource areas shall be protected
whether or not they border surface water.

Any activity proposed or undertaken within the aforesaid one-hundred-foot
buffer zone is subject to regulation under this bylaw. Buffer zones
are vital in protecting the resource area values of this bylaw in
many ways, including, but not limited to:

Lands within 100 feet of specific resource areas are presumed to
be important to the protection of these resources because activities
undertaken in close proximity to wetlands and other resources have
a high likelihood of adverse impact upon the wetland or other resource,
either immediately, as a consequence of construction, or over time,
as a consequence of daily operation or existence of the activities.
These adverse impacts from construction and use can include, without
limitation, erosion, siltation, loss of groundwater, degraded, poor
water quality, and loss of wildlife habitat.

Intermittent streams are important for storm damage prevention, flood
control, groundwater protection, wildlife habitat, and recreation
values. During the spring, summer and fall these streams disperse
snow melt and storm runoff across the landscape, thereby preventing
dangerous volumes and flows from spilling over roadways and property.
This broad dispersal also allows for larger volumes of water to infiltrate
into the ground, recharging groundwater supplies. Intermittent streams
are an essential source of food and water for wildlife and are often
the only source of water in higher elevations in Town. During all
seasons, but especially in winter and spring, intermittent streams
act as essential corridors for animal movement, especially when food
is scarce. Accordingly, this bylaw protects intermittent streams and
their associated bordering vegetated wetlands.

The Commission shall presume that all areas meeting the definition of "vernal pools" under § 240-12 of this bylaw, and the adjacent upland area, perform essential habitat functions. This presumption may be overcome only by the presentation of credible evidence which, in the judgment of the Commission, demonstrates that the basin or depression does not provide essential vernal pool habitat functions. Any formal evaluation should be performed by an individual meeting the qualifications under the wildlife habitat section of the Wetlands Protection Act regulations.

The Commission shall require that a fifty-foot-wide strip of undisturbed
vegetation, called the "conservation zone," be maintained adjacent
to any freshwater wetland, bank, or water body, but not including
lands subject to flooding or inundation by groundwater or surface
water, and the two-hundred-foot riverfront area. No work, structures
or alterations will be allowed within the conservation zone, except
for minor activities, such as mowing, gardening, and pruning within
existing lawn, garden or landscaped areas, as described in the regulations
adopted by the Commission. The conservation zone shall not apply to
artificially created stormwater management structures such as detention
and retention basins, artificially lined ponds, and constructed wastewater
treatment lagoons.

The conservation zone for vernal pools will be based on the size
of the basin; with a twenty-five-foot setback of undisturbed vegetation
for vernal pools less than 10,000 square feet, and a fifty-foot setback
of undisturbed vegetation for vernal pools 10,000 square feet or greater
in size.

Where the conservation zone is already altered in such a manner that
the presumed protection offered by the buffer zone is not being met,
the Commission may issue an order of conditions for a project, provided
that it finds that the proposed alterations will not increase adverse
impacts on that specific portion of the conservation zone or associated
wetland resource areas, and that there is no technically feasible
construction alternative. In such cases, the Commission may modify
the scope and detail of the proposed project to minimize impact on
or improve protection of the values protected by this bylaw.

The application and permit required by this bylaw shall not be required
for maintaining, repairing, remodeling, but not substantially changing
or enlarging an existing and lawfully located single-family residential
structure or customary appurtenance thereto, as long as the footprint
of any proposed addition is not any closer to the wetland or other
resource areas than the existing structure, and there is no reasonable
alternate location on the owner's property for the new structure
that is further from the resource areas, as determined by the Commission.

The Commission may issue a generic or ongoing permit for maintaining,
repairing, or replacing an existing and lawfully located structure
or facility used in the service of the public to provide electric,
gas, steam, water, telephone, telegraph or other telecommunication
services, storm drainage, and sewer, provided that the structure or
facility is not substantially changed or enlarged, as determined by
the Commission, and provided that written application has been given
to the Commission prior to commencement of work, and provided that
the work conforms to performance standards and design specifications
in regulations adopted by the Commission. These standards and specifications
shall conform to the best management practices in the Commonwealth
of Massachusetts. This ongoing permit may apply to other institutions
in Town with facilities and structures, for normal maintenance activities
within the buffer zone, as determined by the Commission. Examples
include but are not limited to educational institutions, fire districts,
golf courses, and residential retirement communities.

The application and permit required by this bylaw shall not apply
to emergency projects necessary for the protection of the health or
safety of the public, provided that the work is to be performed by
or has been ordered to be performed by an agency of the commonwealth,
or a political subdivision thereof, provided that advance notice,
oral or written, has been given to the Commission prior to commencement
of work or within 24 hours after commencement of the emergency project,
and provided that the work is performed only for the time and place
certified by the Commission for the limited purposes necessary to
abate the emergency. Upon failure to meet these and other requirements
of the Commission, the Commission may, after notice and public hearing,
revoke or modify an emergency project approval and order restoration
and mitigation measures.

The application and permit required by this bylaw shall not be required
for work performed for normal maintenance or improvement of land which
is lawfully in agricultural use, as defined in the Wetlands Protection
Act regulations, 310 CMR 10.04, at the time the work takes place.

The Commission, at its sole and reasonable discretion, may issue
a permit for the limited projects identified in 310 CMR 10.53(3),
with the same or additional performance standards, such as limits
on road width or location or multiple driveway crossings. Proposed
activities that qualify as limited projects per 310 CMR 10.53 (e.g.,
maintenance of public roadways, water-dependent uses, public water
supply exploration and access driveways) must be reviewed by the Conservation
Commission, which has the discretion to permit with conditions to
ensure that the interests of the Wetlands Protection Bylaw are protected.

The application and permit required by this bylaw shall not be required
for minor activities within the one-hundred-foot buffer zone and two-hundred-foot
riverfront area, as defined in the Wetlands Protection Act regulations,
310 CMR 10.02(2)(b), including the "simplified review" process. Such
minor activities include, but are not limited to, unpaved pedestrian
walkways, fencing (provided it does not constitute a barrier to wildlife),
vista pruning, and planting of native plant species of trees, shrubs
or groundcover. Under this bylaw they will also include maintaining
and repairing existing roads and driveways (excluding bridges and
culverts), provided there is no additional alteration of resource
areas, maintaining and repairing existing buildings and structures,
provided the footprint remains the same and there is no additional
alteration of resource areas, mowing of existing lawns, and normal
maintenance of trees and shrubs.

Where this bylaw and the Wetlands Protection Act, MGL c. 131, § 40,
and regulations, 310 CMR 10.00, have concurrent jurisdiction, the
Commission may accept the notice of intent, abbreviated notice of
intent, request for determination of applicability, abbreviated notice
of resource area delineation and other forms and plans filed under
the Wetlands Protection Act as the permit application and plans under
this bylaw. The Commission may amend what forms it accepts and issues
in its Bylaw regulations.

The Commission shall develop a set of presubmission requirements
for the assistance of persons making application to the Commission,
a current copy of which shall be on file with the Commission. Any
person filing an RFD or other permit application with the Commission
shall complete the filing in accordance with such of those requirements
which are reasonable and necessary as determined by the Commission
or its staff. The Commission reserves the right to ask for any additional
information it deems reasonable and necessary to evaluate the project.

Written application in the form of a notice of intent or abbreviated
notice of intent shall be filed with the Commission to perform activities
affecting resource areas and the inner 50 feet of the buffer zone
protected by this bylaw. The permit application shall include such
information and plans as are deemed reasonable and necessary by the
Commission and as specified in bylaw and its regulations to describe
proposed activities and their effects on the resource areas protected
by this bylaw. No activity shall commence without receiving and complying
with a permit issued pursuant to this bylaw.

Any person desiring to know whether proposed work or an area is subject
to this bylaw, or proposing work in the outer 50 feet of the buffer
zone, may in writing request a determination of applicability from
the Commission. Such a request for determination of applicability
(RFD) shall include information and plans as are deemed reasonable
and necessary by the Commission.

Any person desiring to certify, for purposes of this bylaw, the limits
of resource areas on a site may submit as application an abbreviated
notice of resource area delineation (ANRAD) for Commission confirmation.
Such an ANRAD shall include such information and plans as deemed reasonable
and necessary by the Commission to describe and define the wetland
resources areas. The Commission will also accept the ANRAD as an application
for a simplified review as defined in the Wetlands Protection Act
regulations, 310 CMR 10.02(2)(b)2.

At the time of the permit application or RFD, the applicant shall
pay a filing fee according to the schedule in the associated regulations
adopted by the Commission. This fee is not refundable and is only
for applications where a filing fee is not already required by the
Wetlands Protection Act, MGL c. 131, § 40, and regulations,
310 CMR 10.00. The Commission may waive the filing fee for an application
or request filed by a government agency, or if the applicant can prove
financial hardship, or other extenuating circumstances.

A permit application or RFD shall be hand delivered or sent by certified
mail to the Commission. Any person requesting a determination or making
written application to perform work or certify resource boundaries
regulated by this bylaw shall at the same time give written notice
thereof, by mailing by certified mail, return receipt requested, or
by hand delivery, to all abutters according to the most recent records
of the Board of Assessors, including those across a traveled way or
across a body of water (excluding the Connecticut River) from the
parcel which is the subject of this application. The notice shall
include a copy of the application or request, with plans, or shall
state where copies may be examined. If the person filing an RFD or
other application is not the owner of the area subject to the request
or application, the applicant shall also give written notice of the
request or application and hearing to the owner of the parcel. The
person providing such notices to abutters or other property owners
shall file an affidavit affirming that notification was done, with
a copy of the notice, with the Commission.

The Commission shall conduct a public hearing on any permit application
or RFD after written legal notice, given at the expense of the applicant,
has been published at least five working days (not including Saturdays
or Sundays) prior to the hearing, in a newspaper of general circulation
in South Hadley. The Commission shall commence the public hearing
on any permit application or RFD within 21 days from receipt of the
properly completed application, unless an extension is authorized
in writing by the applicant.

Whenever possible, the Commission shall combine its hearing under
this bylaw with the hearing conducted under the Wetlands Protection
Act, MGL c. 131, § 40, and regulations, 310 CMR 10.00, and
may combine the public notices thereof.

The Commission shall have the authority to continue the hearing to
a certain date announced at the hearing, for reasons stated at the
hearing, which may include the receipt of additional information from
the applicant or others deemed reasonable and necessary by the Commission
in its discretion, or comments and recommendations of the Department
of Public Works, Planning Board, Board of Health, and Building Inspector.
In the event that the Commission determines that snow cover, ice,
or other weather conditions prevent the verification of the wetland
boundary line, the Commission shall continue the hearing to a date
certain when the determination can be made.

At the time of filing the permit application with the Commission,
the applicant shall be required to submit six complete copies of the
application and all of its accompanying data. Upon receipt of the
application, the Conservation Commission or its staff will distribute
copies to the following departments: Board of Health, Planning Board,
Building Inspector, and Department of Public Works. Town boards and
officials shall be entitled to file written comments and recommendations
with the Commission at or before the hearing. The Commission shall
take any such comments and recommendations into account but shall
not be bound by them. The applicant shall have the right to receive
any comments and recommendations, and to respond to them at a hearing
of the Commission, prior to final action.

The applicant for a permit shall have the burden of proving,
by a preponderance of credible evidence, that the work proposed in
the permit application will not have unacceptable significant or cumulative
effects upon the resource area values protected by this bylaw. Failure
to provide adequate evidence to the Commission supporting this burden
shall be sufficient cause for the Commission to deny a permit or grant
a permit with conditions.

If the Commission, after a public hearing, determines that the activities
which are the subject of the RFD or permit application are likely
to have a significant individual or cumulative effect upon the resource
area values protected by this bylaw, the Commission, within 21 days
of the close of the hearing, shall issue or deny a permit for the
activities requested. If it issues a permit, the Commission shall
impose conditions which the Commission deems reasonable and necessary
or desirable to protect those values, and all activities shall be
done in accordance with those conditions.

Where no conditions are adequate to protect those resource area values,
the Commission is empowered to deny a permit for failure to meet the
requirements of this bylaw. It may also deny a permit for failure
to 1) submit necessary information and plans requested by the Commission;
2) meet the design specifications, performance standards and other
requirements in the regulations of the Commission; or 3) avoid or
prevent unacceptable significant or cumulative adverse effects upon
the resource area values protected by this bylaw. Due consideration
shall be given to any demonstrated hardship on the applicant by reason
of denial, as presented at the public hearing.

The Commission shall have the right to deny or delay a permit if
a previous permit on the same property or on contiguous properties
under the same or affiliated ownership has not been complied with
or has not received a certificate of compliance.

When the applicant requesting a determination, permit, certification,
amendment or extension is not the owner of the area subject to the
request or application, the Commission shall send the determination,
orders or other action to the owner as well as to the person making
the request.

Permits and determinations shall expire three years from the date
of issuance. At the discretion of the Commission, any permit may be
renewed for up to three additional years, provided that the Commission
receives a request for an extension in writing prior to expiration
of the permit, with sufficient time for the Commission to issue an
extension prior to the permit expiration. Applicants are advised to
submit requests for extensions at least 30 days prior to the permit
expiration date. Said request shall include the expected completion
date and the reasons for the requested extension.

Violations to this bylaw, submission of false or erroneous information,
new information that substantially alters the likely impact of the
project on wetland resources or values, or clear evidence that an
error has been made may cause the Commission to revoke or modify any
permit, determination or resource area boundary confirmation issued
under this bylaw, after notice to the permittee and holding a public
meeting.

The Commission, in an appropriate case, may combine the permit orders
or determination issued under this bylaw with the determination of
applicability, order of conditions, order of resource area delineation,
certificate of compliance, or other forms issued under the Wetlands
Protection Act, MGL c. 131, § 40, and regulations, 310 CMR
10.00.

No work in any permit application shall be undertaken until the permit
issued by the Commission with respect to such work has been recorded
in the Registry of Deeds, or, if the land affected is registered land,
in the Registry Section of the Land Court for the district wherein
the land lies, and until the holder of the permit certifies in writing
to the Commission that the permit has been recorded. Such certification
shall include the book and page or instrument number and date. Recording
is not necessary for RFDs.

To prevent wetland loss, the Commission shall require applicants
to avoid all wetlands alteration wherever feasible; shall minimize
wetlands alteration; and where alteration is unavoidable, shall require
full mitigation. The Commission may authorize or require replication
of wetlands as a form of mitigation, but only with adequate security,
or professional design, a 2:1 replacement ratio, and monitoring to
ensure success, because of the high likelihood of failure of replication.

Strict compliance with this bylaw may be waived when, in the judgment
of the Commission, such action is in the public interest and is consistent
with the intent and purpose of this bylaw. Any request for a waiver
must be submitted to the Commission in writing and presented at the
time of filing, along with a written justification stating why a waiver
is desired or needed, is in the public benefit, and is consistent
with the intent and purpose of this bylaw. The waiver is intended
to be employed only in rare and unusual cases.

Waivers may be granted on a case-by-case basis by the Commission
allowing work within the conservation zone when it can be demonstrated
by the applicant to the satisfaction of the Commission that work or
alterations within the conservation zone:

That any impact is offset by the need to accommodate a public benefit
such as public health and safety, handicapped accessibility, or community
enhancement relative to its cultural, environmental, educational,
or recreational interests; or

That the project will result in a long-term improvement to the natural
capacity of a resource area to protect the resource area values of
this bylaw, while minimizing any adverse impacts with a carefully
considered and environmentally sensitive design; or

In such cases, the Commission may modify the scope and detail of
the proposed project to minimize impact on the values protected by
this bylaw. Nothing herein shall preclude the maintenance of an existing
structure located within the conservation zone.

After public notice and public hearing, the Commission shall
promulgate rules and regulations to effectuate the purposes of this
bylaw. Failure by the Commission to promulgate such rules and regulations
or a legal declaration of their invalidity by a court of law shall
not act to suspend or invalidate the effect of this bylaw. Public
notice shall be given at least three weeks prior to such hearing by
publication in a newspaper of general circulation in South Hadley
and by posting with the Town Clerk. At a minimum, these regulations
shall define key terms in this bylaw not inconsistent with this bylaw.

Except as otherwise provided in this bylaw or regulations of
the Commission, the definitions of terms in this bylaw shall be as
set forth in the Wetlands Protection Act, which terms, as used herein,
shall include the provisions of MGL c. 131, § 40, and in
the regulations hereunder, 310 CMR 10.00 et seq. The following terms
shall apply in the interpretation and implementation of this bylaw:

An effect that is significant when considered in combination
with other activities that have occurred, are going on simultaneously,
or that are likely to occur, whether such other activities have occurred
or are contemplated as a separate phase of the same project, such
as the build-out of a subdivision or an industrial park, or unrelated
but reasonably foreseeable actions, including other development projects
that are currently under construction, under review, or that may be
expected to come forward.

An isolated depression or closed basin at least 500 square
feet in size, which serves as a ponding area for run-off or high groundwater
which has risen above the ground surface. These may include vernal
pools. Not included are swimming pools, artificially lined ponds or
pools, or wastewater lagoons, the construction of which may be regulated,
but do not themselves constitute resource areas protected under this
bylaw.

Routine and/or periodic activity undertaken to prevent, stop,
or to correct deterioration of an existing condition, facility or
structure so that, after completion, the condition, facility, or structure
is as near as possible to that which originally existed.

Any application for a permit of action under the Massachusetts
Wetlands Protection Act, MGL c. 131, § 40, or the South
Hadley Non-Zoning Wetlands Bylaw. Examples include, but are not limited
to, a notice of intent, abbreviated notice of intent, abbreviated
notice of resource area delineation, or request for an amendment to
a notice of intent or extension to an order of conditions.

Any individual, group of individuals, association, partnership,
corporation, company, business organization, trust, estate, the commonwealth
or political subdivision thereof to the extent subject to Town bylaws,
administrative agencies, public or quasi-public corporations or bodies,
the Town of South Hadley, and any other legal entity, its legal representatives,
agents, or assigns.

Any open body of fresh water, either naturally occurring
or man-made, which is never without standing water due to natural
causes except during periods of extended drought. Notwithstanding
the above, the following are not protected as ponds under this bylaw:
swimming pools or other basins lined with impervious material, wastewater
treatment lagoons, and water bodies excavated from upland within active
gravel pits or quarries.

All vertebrate and invertebrate animal and all plant species
listed as endangered, threatened, or of special concern by the Massachusetts
Division of Fisheries and Wildlife, regardless of whether the site
in which they occur has been previously identified by the Division.

Any passive leisure activity that does not conflict with
or diminish other wetland functions and values. Examples include,
but are not limited to, the following: legally licensed fishing or
hunting, boating, swimming, walking and hiking, canoeing, and bird
watching.

A naturally flowing body of water that empties into any ocean,
lake, pond, or other river and which normally flows throughout the
year. The Commission may by regulations set criteria for determining
whether a particular stream or section of stream flows throughout
the year.

The area of land between a river's mean annual high
water line and a parallel line measured horizontally 200 feet away.
The riverfront area may include or overlap other resource areas or
their buffer zones. Further definition of "riverfront" is in 310 CMR
10.58.

Any body of running water, including brooks and creeks, which
moves in a definite channel in the ground, due to hydraulic gradient,
and which flows within, into or out of an area subject to protection
under MGL c. 131, § 40. A portion of a stream may flow through
a culvert or beneath a bridge. Such a body of water which does not
flow throughout the year is intermittent. Streams may be perennial
(see "river") or intermittent. For the purposes of this bylaw, only
those streams shown on a map created for the regulations associated
with this bylaw shall be protected under this bylaw.

In addition to that already defined under the Wetlands Protection
Act, MGL c. 131, § 40, and regulations thereunder, 310 CMR
10.00, any confined basin or depression not occurring in existing
lawns, gardens, landscaped areas, or driveways which, in at least
most years, holds water for a minimum of two continuous months during
the spring and/or summer, is at least 500 square feet in size at some
time during most years, is free of adult predatory fish populations,
and provides essential breeding and rearing habitat functions for
amphibian, reptile, or other vernal pool community species, regardless
of whether the site has been certified by the Massachusetts Natural
Heritage and Endangered Species Program. The buffer zone for vernal
pools shall extend 100 feet from the mean annual high water line defining
the depression, but shall not extend over existing lawns, gardens,
landscaped or developed areas. For the purposes of this bylaw, only
certified vernal pools, and potentially certifiable vernal pools as
shown on a map created for the regulations associated with this bylaw
shall be protected, if they meet the certification standards.

The intent of this section is to secure against the potential of
significant environmental damage. As part of a permit issued under
this bylaw, in addition to any security required by any other Town
or state board, agency or official, the Commission may require that
the performance and observance of the conditions imposed hereunder
(including conditions requiring mitigation work) be secured wholly
or in part by one or more of the methods described below:

By a proper bond or deposit of money or negotiable securities or
other undertaking of financial responsibility sufficient, in the opinion
of the Commission, to be released in whole or in part upon issuance
of a certificate of compliance for work performed pursuant to the
permit.

By a conservation restriction, easement, or other covenant enforceable
in a court of law, executed and duly recorded by the owner of record,
running with the land to the benefit of the Town of South Hadley and
members of the public, whereby the permit conditions shall be performed
and observed before any lot may be conveyed, other than by mortgage
deed. This method shall be used only with the consent of the applicant.

The bond or covenant shall, in the case of the bond, be given to
the Town, and in the case of a covenant, shall be recorded in the
Registry of Deeds at least 10 business days before the start of any
work under the permit.

No person shall remove, fill, dredge, build upon, degrade, or otherwise
alter resource areas protected by this bylaw, or cause, suffer, or
allow such activity, or leave in place unauthorized fill, or otherwise
fail to restore illegally altered land to its original condition,
or fail to comply with a permit or an enforcement order issued pursuant
to this bylaw.

The filing of a permit application or RFD shall constitute the consent
of the owner and grant the authority for the Commission and its agents,
officers and employees, with proper identification, to enter upon
privately owned land for the purpose of performing their duties under
this bylaw. The Commission may make or cause to be made such examinations,
surveys or sampling as the Commission deems reasonable and necessary,
subject to the laws of the United States and the commonwealth.

The Commission shall have the authority to enforce this bylaw, its
regulations, and permits issued thereunder by violation notices, noncriminal
citations under MGL c. 40, § 21D, administrative orders,
and civil and criminal court actions. Any person who violates provisions
of this bylaw may be ordered to restore the property to its original
condition and/or take other action deemed reasonable and necessary
to remedy such violations, or may be fined, or both.

Upon request of the Commission, the Board of Selectmen shall direct
the Town Counsel to take legal action for enforcement under civil
law. Upon request of the Commission, the Chief of Police shall take
legal action for enforcement under criminal law.

Any person who violates any provision of this bylaw, regulations,
permits or administrative orders issued thereunder, shall be served
with a notice of violation enumerating the alleged violations. If
after 10 business days the Commission has not received what it deems
to be either 1) sufficient evidence demonstrating that no violations
have occurred, or 2) a filing that will remove the violations along
with evidence that sufficient progress is being made to correct the
violation, then the violator shall be punished by a fine of $100 per
offense. Beginning 10 business days after the date of the notice of
violation, each day or portion thereof during which a violation continues,
or unauthorized fill or other alteration remains in place, shall constitute
a separate offense, and each provision of this bylaw, regulations,
permits, or administrative orders violated shall constitute a separate
offense.

A decision of the Conservation Commission may be appealed by
the following persons: the applicant, the owner if not the applicant,
any person aggrieved by a determination or order, any owner of land
abutting the land on which the work is to be done, or any 10 residents
of the Town, in the following manner(s):

Any Commission decision shall become final 10 days after the Commission
mails notice thereof to the applicant unless the applicant, or other
persons listed above, after mailing and before the expiration of 10
days, requests in writing an appeal through a local administrative
review. The appeal shall be heard by a committee appointed by the
Selectboard, and consisting of: two members of the Planning Board,
a Selectboard member, a representative from the Board of Health, and
a representative from the Department of Public Works. This committee
shall be appointed annually in advance of any appeal request. The
request for a local administrative appeal shall state with reasonable
specificity the issues the applicant requests the committee to consider.

Within 10 days of receipt of the request for a local administrative
appeal, the Chair of the Selectboard shall call a meeting of the committee,
and written notice shall be made to the applicant, the Conservation
Commission, and to all committee members. The scope of review shall
be to determine if there was an error of law or abuse of discretion
as measured by the "arbitrary and capricious" standard. After hearing
all the evidence provided by the appellant and the Conservation Commission,
said committee shall, by majority vote, render a written opinion within
14 days of the close of the presentations by both sides.

The Commission shall hold a public meeting to review the opinion
of the local administrative appeal committee. Within 21 days of delivery
of the opinion of the committee to the appellant and the Commission,
the Commission shall issue a further decision, which decision shall
be final upon issuance and mailing to the appellant.

No request for local administrative appeal under this bylaw shall
affect the finality of or appeal deadlines applicable to any decision-making
of the Commission under the Wetlands Protection Act, MGL c. 131, § 40,
and regulations, 310 CMR 10.00.

This bylaw is adopted under the Home Rule Amendment of the Massachusetts
Constitution and the Home Rule statutes, independent of the Wetlands
Protection Act, MGL c. 131, § 40, and the regulations thereunder,
310 CMR 10.00.

The effective date of this bylaw is the date after this bylaw
has been approved by the Attorney General and published by the Town
Clerk as set forth in MGL c. 40, § 32. This bylaw shall
not, however, apply to:

Any structure or activity which is the subject of a pending notice
of intent, ANRAD, or request for determination of applicability filed
under the Massachusetts Wetlands Protection Act (MGL c. 131, § 40)
prior to the effective date;

Any structure or activity which has an order of conditions, order
of resource area delineation, or determination of applicability or
other Commission decision filed under the Massachusetts Wetlands Protection
Act (MGL c. 131, § 40) and that is still in effect prior
to the effective date. These orders or determinations shall expire
at the end of their legally regulated term, which is usually three
years from date of issuance, after which any new work will be subject
to the provisions of this bylaw;

Any structure or activity for which any extensions of or modifications
or amendments to a current order of conditions or notice of intent
were approved prior to the effective date. These extensions, modifications
and amendments shall remain in effect until the end of their legally
regulated term, which is usually three years from date of issuance,
after which any new work will be subject to the provisions of this
bylaw;

Any lot or other areas included within a definitive subdivision plan,
special permit plan, site plan, or Form H subdivision plan which has
been submitted to the South Hadley Planning Board and/or has been
approved by the South Hadley Planning Board prior to the effective
date pursuant to Article V of the Subdivision Regulations in regard
to a definitive subdivision plan, Article VI of the Subdivision Regulations
in regard to a Form H subdivision plan,[1] Article IX of the Zoning Bylaw in regard to a special
permit plan, and Article XII of the Zoning Bylaw in regard to a site
plan.[2] In the event the Planning Board fails to endorse the definitive
subdivision plan or Form H subdivision plan before November 8, 2006,
the provisions of this bylaw shall be deemed to apply to the subject
property. If the Planning Board approval of any such definitive subdivision
plan, special permit plan, site plan, or Form H subdivision plan expires
or lapses and is not renewed or extended by the Planning Board, the
provisions of this bylaw shall be deemed to apply to the subject property.
Any new work beyond that shown on the above-referenced plans that
is within a resource area regulated by the Wetlands Bylaw shall be
subject to this bylaw.